Legal Opinion

Watson v. Swann

Supreme Court of Georgia

Decided April 29, 1889PublishedCited by 4 opinions

Levy and sale. Taxes. Constables. Before Judge Richard H. Clark. Douglas superior court. July adjourned term, 1888. Three executions in favor of Alfred Austell against "W. N. Magouirk were levied on certain land, to which J. P. Watson interposed a claim.

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Levy and sale. Taxes. Constables. Before Judge Richard H. Clark. Douglas superior court. July adjourned term, 1888. Three executions in favor of Alfred Austell against "W. N. Magouirk were levied on certain land, to which J. P. Watson interposed a claim. Two of these executions, issued from a justice’s court,- were dated December 2d, 1876, based upon judgments obtained August 12th, 1876; and the entries of levy by the constable thereon recite that no personal property of the defendant was to be found in the county. The other execution, issued from the superior court, was dated August 5th,…

1Opinion of the Court

Bleckley, Chief Justice.

The plaintiff* in error relied in argument upon the sole ground that the court erred in excluding the tax fi. fas., the entries thereon and the sheriff’s deed. These fi. fas. were issued, one of them for the State and county taxes of 1877, the other for the State and county taxes of 1878; one for $72.54, the other for $70.24. They were each levied by a constable, and the shei’iff’s deed purported to be made in consequence of a sale under these fi. fas. and two others, the other two, as recited in the deed, being for taxes of 1879 and 1880. The evidence was excluded on…

2Cases cited3 opinions

  1. Doe ex dem. Gladney v. DeavorsSupreme Court of Georgia · 1852
  2. Smith v. JonesSupreme Court of Georgia · 1869
  3. Plant v. EichbergSupreme Court of Georgia · 1880

3Cited by4 opinions

  1. Winn v. ButtsSupreme Court of Georgia · 1907
  2. State v. PaschalCourt of Appeals of Georgia · 1921
  3. Robertson v. StateCourt of Criminal Appeals of Texas · 1913
  4. State v. PaschalCourt of Appeals of Georgia · 1921

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